2008 edition - Fort Sam Houston - U.S. Army

§ 809. Art. 9.(b) APPENDIX 2
o f h i s c o m m a n d o r s u b j e c t t o h i s a u t h o r i t y i n t o a r r e s t o r
confinement.
(c) A commissioned officer, a warrant officer, or a civilian subject
to this chapter or to trial thereunder may be ordered into
arrest or confinement only by a commanding officer to whose
authority he is subject, by an order, oral or written, delivered in
person or by another commissioned officer. The authority to order
such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except
for probable cause.
(e) Nothing in this article limits the authority of persons authorized
to apprehend offenders to secure the custody of an alleged
offender until proper authority may be notified.
§ 810. Art. 10. Restraint of persons charged with
offenses
Any person subject to this chapter charged with an offense
under this chapter shall be ordered into arrest or confinement, as
circumstances may require; but when charged only with an offense
normally tried by a summary court-martial, he shall not
ordinarily be placed in confinement. When any person subject to
this chapter is placed in arrest or confinement prior to trial,
immediate steps shall be taken to inform him of the specific
wrong of which he is accused and to try him or to dismiss the
charges and release him.
§ 811. Art. 11. Reports and receiving of prisoners
(a) No provost marshal, commander or a guard, or master at arms
may refuse to receive or keep any prisoner committed to his
charge by a commissioned officer of the armed forces, when the
committing officer furnishes a statement, signed by him, of the
offense charged against the prisoner.
(b) Every commander of a guard or master at arms to whose
charge a prisoner is committed shall, within twenty-four hours
after that commitment or as soon as he is relieved from guard,
report to the commanding officer the name of the prisoner, the
offense charged against him, and the name of the person who
ordered or authorized the commitment.
§ 812. Art. 12. Confinement with enemy prisoners
prohibited
No member of the armed forces may be placed in confinement
in immediate association with enemy prisoners or other foreign
nationals not members of the armed forces.
§ 813. Art. 13. Punishment prohibited before trial
No person, while being held for trial, may be subjected to
punishment or penalty other than arrest or confinement upon the
charges pending against him, nor shall the arrest or confinement
imposed upon him be any more rigorous than the circumstances
required to insure his presence, but he may be subjected to minor
punishment during that period for infractions of discipline.
§ 814. Art. 14. Delivery of offenders to civil
authorities
(a) Under such regulations as the Secretary concerned may prescribe,
a member of the armed forces accused of an offense
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against civil authority may be delivered, upon request, to the civil
authority for trial.
(b) When delivery under this article is made to any civil authority
of a person undergoing sentence of a court-martial, the delivery,
if followed by conviction in a civil tribunal, interrupts the execution
of the sentence of the court-martial, and the offender after
having answered to the civil authorities for his offense shall, upon
the request of competent military authority, be returned to military
custody for the completion of his sentence.
SUBCHAPTER III. NON-JUDICIAL PUNISHMENT
§ 815. Art. 15. Commanding Officer’s non-judicial
punishment
(a) Under such regulations as the President may prescribe, and
under such additional regulations as may be prescribed by the
Secretary concerned, limitations may be placed on the powers
granted by this article with respect to the kind and amount of
punishment authorized, the categories of commanding officers
and warrant officers exercising command authorized to exercise
those powers, the applicability of this article to an accused who
demands trial by court-martial, and the kinds of courts-martial to
which the case may be referred upon such a demand. However,
except in the case of a member attached to or embarked in a
vessel, punishment may not be imposed upon any member of the
armed forces under this article if the member has, before the
imposition of such punishment, demanded trial by court-martial in
lieu of such punishment. Under similar regulations, rules may be
prescribed with respect to the suspension of punishments authorized
hereunder. If authorized by regulations of the Secretary concerned,
a commanding officer exercising general court-martial
jurisdiction or an officer of general or flag rank in command may
delegate his powers under this article to a principal assistant.
(b) Subject to subsection (a) any commanding officer may, in
addition to or in lieu of admonition or reprimand, impose one or
more of the following disciplinary punishments for minor offenses
without the intervention of a court-martial—
(1) upon officers of his command
(A) restriction to certain specified limits, with or without
suspension from duty, for not more than 30 consecutive days;
(B) if imposed by an officer exercising general court-martial
jurisdiction or an officer of general or flag rank in command
(i) arrest in quarters for not more than 30 consecutive
days;
(ii) forfeiture of not more than one-half of one month’s
pay per month for two months;
(iii) restriction to certain specified limits, with or without
suspension from duty, for not more than 60 consecutive days;
(iv) detention of not more than one-half of one month’s
pay per month for three months;
(2) upon other personnel of his command—
(A) if imposed upon a person attached to or embarked in a
vessel, confinement on bread and water or diminished rations for
not more than three consecutive days;
(B) correctional custody for not more than seven consecutive
days;
(C) forfeiture of not more than seven days’ pay;